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 Iraq
Recent Case law
Al Jedda v. Secretary of State for the Home Department. SC/66/2008. United Kingdom: Special Immigration Appeals Commission (SIAC).
HK v. Secretary of State for the Home Department. [2009] CSOH 35. United Kingdom: Court of Session (Scotland). 10 March 2009.
NA and AA v. Secretary of State for the Home Department. [2009] EWHC 420 (Admin). United Kingdom: High Court (England and Wales). 9 March 2009.
Elgafaji v. Staatssecretaris van Justitie. C-465/07. European Union: European Court of Justice. 17 February 2009.
Secretary of State for the Home Department v. GG; Secretary of State for the Home Department v. NN. [2009] EWHC 142 (Admin). United Kingdom: High Court
R (on the application of (1) Faisal Attiyah Nassar Al-Saadoon (2) Khalaf Hussain Mufdhi) v. Secretary of State for Defence. [2009] EWCA Civ 7. United Kingdom: Court of Appeal
F.H. v. Sweden. Application no. 32621/06. Council of Europe: European Court of Human Rights. 20 January 2009.
SI (Expert Evidence - Kurd - SM Confirmed) Iraq v. Secretary of State for the Home Department. CG [2008] UKAIT 00094. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority.
KH (Reconsideration: Process in Scotland) Iraq v. Entry Clearance Officer, Aman. [2008] UKAIT 00079. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 22 October 2008
R (on the application of Mohammed Kareem Ahmed) v. Asylum Support Adjudicator; Secretary of State for the Home Department. [2008] EWHC 2282 (Admin). United Kingdom: High Court (England and Wales). 2 October 2008
R (on the application of YH) v. Secretary of State for the Home Department. [2008] EWHC 2174 (Admin). United Kingdom: High Court (England and Wales). 12 September 2008
R (on the application of AK, CK and WA) v. Secretary of State for Foreign and Commonwealth Affairs; Secretary of State for Defence. [2008] EWHC 2227 (Admin). United Kingdom: High Court (England and Wales). 10 September 2008.
AH (Iran); Zego (Eritrea); Kadir (Iraq) v. Secretary of State for the Home Department. [2008] EWCA Civ 985. United Kingdom: Court of Appeal (England and Wales). 6 August 2008
R (on the application of Shashwar) v. Secretary of State for the Home Department. [2008] EWHC 2069 (Admin). United Kingdom: High Court (England and Wales). 31 July 2008.
AA (Iraq) v. Secretary of State for the Home Department. [2008] EWCA Civ 923. United Kingdom: Court of Appeal (England and Wales). 9 July 2008
RRT Case No. 0802435. [2008] RRTA 238. Australia: Refugee Review Tribunal. 2 July 2008.
BM (Iraq) v. Secretary of State for the Home Department. [2008] EWCA Civ 899. United Kingdom: Court of Appeal (England and Wales). 1 July 2008
HH (Criminal Record - Deportation: "war zone") v. Secretary of State for the Home Department. Iraq [2008] UKAIT 00051. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 11 June 2008.
Al-Jedda v. Secretary of State for the Home Department. SC/66/2008. United Kingdom: Special Immigration Appeals Commission (SIAC). 23 May 2008.
In the Petition of AA for Judicial Review of the Decision of the Secretary of State for the Home Department dated 24 April 2007. [2008] CSOH 83. United Kingdom: Court of Session (Scotland). 21 May 2008.
R (on the application of K) v. Secretary of State for the Home Department. [2008] EWHC 1321 (Admin). United Kingdom: High Court (England and Wales). 16 May 2008
NA (Palestinians - Risk) Iraq v. Secretary of State for the Home Department. CG [2008] UKAIT 00046. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 14 May 2008.
R (on the application of Hama) v. Secretary of State for the Home Department. [2008] EWHC 1032 (Admin). United Kingdom: High Court (England and Wales). 13 May 2008.
Secretary of State for the Home Department v. AH. [2008] EWHC 1018 (Admin). United Kingdom: High Court (England and Wales). 9 May 2008.
KH (Article 15(c) Qualification Directive) Iraq v. Secretary of State for the Home Department. CG [2008] UKAIT 00023. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 25 March 2008.
R (on the application of Rashid) v. Secretary of State for the Home Department. [2008] EWHC 232 (Admin). United Kingdom: High Court (England and Wales). 14 February 2008.
Saadi v. United Kingdom. 13229/03. Council of Europe: European Court of Human Rights. 29 January 2008.
Saber (AP) v. Secretary of State for the Home Department. [2007] UKHL 57. United Kingdom: House of Lords. 12 December 2007.
R (on the application of Al-Jedda) (FC) v. Secretary of State for Defence. [2007] UKHL 58. United Kingdom: House of Lords. 12 December 2007.
Secretary of State for the Home Department (Appellant) v. JJ and Others (FC) (Respondents). [2007] UKHL 45. United Kingdom: House of Lords. 31 October 2007.
HA (WCPI - IMIK - KRG) Iraq v. Secretary of State for the Home Department. CG [2007] UKAIT 00087. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 23 October 2007.
R (on the Application of MMH) v. Secretary of State for the Home Department; R (on the Application of SRH) v. Secretary of State for the Home Department. [2007] EWHC 2134 (Admin). United Kingdom: High Court (England and Wales). 7 September 2007.
SM (Entry Clearance Application in Jordan - Proportionality) Iraq v. Secretary of State for the Home Department. CG [2007] UKAIT 00077. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 7 September 2007.
MH (Iraq) v. Secretary of State for the Home Department. [2007] EWCA Civ 852. United Kingdom: Court of Appeal (England and Wales). 5 July 2007.
OB (Iraq) v. Secretary of State for the Home Department. [2007] EWCA Civ 585. United Kingdom: Court of Appeal (England and Wales). 15 June 2007.
NS (Iraq: Perceived Collaborator: Relocation) Iraq v. Secretary of State for the Home Department. CG [2007] UKAIT 00046. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 11 April 2007
HH (Rule 23: Meaning and Extent) Iraq v. Secretary of State for the Home Department. [2007] UKAIT 00036. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 5 April 2007.
UN High Commissioner for Refugees, Saadi v. United Kingdom. Written Submissions on Behalf of the United Nations High Commissioner for Refugees, 30 March 2007. Appl. No. 13229/03.
Abdulla v. Secretary of State for the Home Department. [2007] CSOH 34. United Kingdom: Court of Session (Scotland). 16 February 2007.
HM (Policy Concessions not Convention Recognition) Iraq v. Secretary of State for the Home Department. [2006] UKAIT 00092. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 12 December 2006.
R (on the application of Al Rawi & Others) v. The Secretary of State for Foreign and Commonwealth Affairs & Another. [2006] EWCA Civ 1279. United Kingdom: Court of Appeal (England and Wales). 12 October 2006
Secretary of State for the Home Department v. JJ, KK, GG, HH, NN & LL. [2006] EWCA Civ 1141. United Kingdom: Court of Appeal (England and Wales). 1 August 2006. Online.
LM (Educated Women - Chaldo-Assyrians - Risk) Iraq v. Secretary of State for the Home Department. CG [2006] UKAIT 00060. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 26 July 2006.
Secretary of State for the Home Department v. Abbas. [2005] EWCA Civ 992. United Kingdom: Court of Appeal (England and Wales). 4 July 2005.
SM and Others (Kurds - Protection - Relocation) Iraq v. Secretary of State for the Home Department. CG [2005] UKIAT 00111. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 29 June 2005.
R (on the application of Rashid) v. Secretary of State for the Home Department. [2005] EWCA Civ 744. United Kingdom: Court of Appeal (England and Wales). 16 June 2005.
R v. Secretary of State for the Home Department ex parte Khadir (FC). [2005] UKHL 39. United Kingdom: House of Lords. 16 June 2005.
RA (Christians) Iraq v. Secretary of State for the Home Department. CG [2005] UKIAT 00091. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 22 April 2005.
KJ (Entry Clearance Proportionality) Iraq v. Secretary of State for the Home Department. CG [2005] UKIAT 00066. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 10 March 2005.
MA (Iraq - Fayli Kurds) Iraq v. Secretary of State for the Home Department. CG [2005] UKIAT 00022. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 28 January 2005
JA (Ethnic Palestinian - Iraq - Objective Evidence) Iraq v. Secretary of State for the Home Department. CG [2005] UKIAT 00045. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 27 January 2005.
NH (Iraq - Yazidis) Iraq v. Secretary of State for the Home Department. CG [2004] UKIAT 00306. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 25 November 2004. Online.
FK (Iraq - Medical Conditions for Children) Iraq v, Secretary of State for the Home Department. CG [2004] UKIAT 00310. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 25 November 2004.
AK (Iraq - Christians - Risk) Iraq v. Secretary of State for the Home Department. CG [2004] UKIAT 00298. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 8 November 2004.
Secretary of State for the Home Department v. AM (IWCP - Conditions in Mosul) Iraq. CG [2004] UKIAT 00263. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 22 September 2004.
GH (Former KAZ - Country Conditions - Effect) Iraq v. Secretary of State for the Home Department. CG [2004] UKIAT 00248. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 10 September 2004
R v. Secretary of State for the Home Department, ex parte Razgar. [2004] UKHL 27. United Kingdom: House of Lords. 17 June 2004.
NA (Kurd - Internal Flight to South) Iraq. [2004] UKIAT 00249. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 27 May 2004.
Saber (AP) v. Secretary of State for the Home Department. [2003] ScotCS 360, 2003 SLT 1409. United Kingdom: Court of Session (Scotland). 13 November 2003.
Secretary of State for the Home Department v. A (Understandings to Return to KAZ) Iraq. CG [2003] UKIAT 00118. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 30 October 2003.
IM (Risk - PUK/KDP - Cessation of Conflict - Traitor) Iraq v. Secretary of State for the Home Department. [2003] UKIAT 00101. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 24 October 2003.
NS (Risk - Kurd - Mosal) Iraq v. Secretary of State for the Home Department. CG [2003] UKIAT 00045. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 28 July 2003.
SF (Sufficiency of Protection - KAA - Michigan Guidelines ) Iraq v. Secretary of State for the Home Department. CG [2002] UKIAT 07376. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 24 March 2003.
AA (Persecution - 'Causing' - Public Affection - Religion - Unmarried) Iraq v. Secretary of State for the Home Department. CG [2002] UKIAT 07246. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 17 March 2003.
Secretary of State for the Home Department v. MH (Article 3 - Blind Person - KAA) Iraq. CG [2002] UKIAT 07196. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 13 March 2003.
RG (Sufficiency of Protection - Honour Killings - KAA) Iraq v. Secretary of State for the Home Department. CG [2002] UKIAT 05788. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 18 December 2002.
YJ (Non-Kurdish speakers in KAA) Iraq v. Secretary of State for the Home Department. CG [2002] UKIAT 05271. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 15 November 2002.
DH (Risk - IMIK - KAA) Iraq v. Secretary of State for the Home Department. CG [2002] UKIAT 05099. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 5 November 2002.
R v. Secretary of State for the Home Department, Ex Parte Saadi (FC) and Others (FC). [2002] UKHL 41. United Kingdom: House of Lords. 31 October 2002.
DK (Sufficiency of Protection - KAA - Blood Feud) Iraq v. Secretary of State for the Home Department. CG [2002] UKIAT 03608. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 9 August 2002.
Secretary of State for the Home Department v. TK (Article 3 - Blind Person - KAA - Prison Condition) Iraq . CG [2002] UKIAT 03576. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 8 August 2002.
R (on the application of Hwez and Khadir) v. Secretary of State for the Home Department. [2002] EWHC 1597 (Admin). United Kingdom: High Court (England and Wales). 29 July 2002.
Azad Gardi v. Secretary of State for the Home Department. C/2002/0193; EWCA Civ 750. United Kingdom: Court of Appeal (England and Wales). 24 May 2002.
Secretary of State for the Home Department v. Majid Behri Chawish. [2002] UKIAT 01376. United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority. 2 May 2002
Hamid Ali Husain v. Asylum Support Adjudicator and Secretary of State for the Home Department. CO/105/2001. United Kingdom: High Court (England and Wales). 5 October 2001
HM (Policy concessions not Convention recognition)[2006] UKAIT 00092. click here
LM (Educated women - Chaldo-assyrians) [2006] UKAIT 00060
SA (Entry Clearance Application in Jordan - Proportionality) [2006] UKAIT 00011
HH (Iraq) v Secretary of State for the Home Department [2006] EWCA Civ 1374 (09 October 2006)
JA (Ethnic Palestinian, Iraq, Objective Evidence) Palestine CG [2005] UKIAT 00045 (27 January 2005)
Reports
World Report 2009 - World Report 2009 - Iraq
Country of origin information report Iraq January 2009
Country Reports on Terrorism 2008 - Iraq
Human Rights Report, 1 July - 31 December 2008
Amnesty International Report,2005. click here
U.S Department of State Human Rights Practice Report,2006. click here
Human Rights Watch,2006.click here
UNHCR Country Of Origin Information Report,2005. click here
Home Office Country Of Origin Information Report, 2006. click here
Home Office Country Of Origin Information Bulletin,2006. click here
United State Institute Of Peace 2006, click her
| Wikipedia- Country Profile
BBC News -Country Profile
U.S Department of State -Country Background Note
CIA World Fact Book-Guide to Country Profile
Alert Net-Country Information
IDMC- Map |
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Country of origin information report Iraq January 2009
CRD Guidance on R(S) policy – Dealing with failed asylum claims ...
UK Border Agency | Country Specific Asylum Policy Bulletins
OPERATIONAL GUIDANCE NOTE
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The Home Office reached agreement with Iraq about enforced returns on 30 January 2005 and they removed a first group of Iraqi nationals on 20 November 2005.
The Home Office consider that it is appropriate to return all failed asylum seekers to Iraq as local circumstances permit but for the time being they are only returning people who are from the Kurdish Regional Government administered area of Iraq.However the Home Office stated that for the time being, they will not be enforcing the return of women , childern and pre-existing family units.They considered that it is
Internal Flight or Relocation Alternative (IFA/IRA ). Click here
UNHCR Return advisory and position on international protection needs of Iraqis outside Iraq, December 2006. click here
Forced removal is alarming given scale of refugee crisis in Iraq
Dozens of Iraqi Kurds Deported.. Again
RETURNS ONLY ENFORCED TO 'STABLE' AREAS
Bakhtear Rashid
Failed asylum seekers may request that their cases are reviewed in the light of the Court of Appeal judgment in the case of the High Court cases of R (A): (H) & (AH).
The Court of Appeal, in the case of R (Rashid) v Secretary of State for the Home Department [2005] EWCA Civ 744 ruled that Mr Rashid should be granted Indefinite Leave to Remain because of series of errors, which in its view amounted to conspicuous unfairness in the processing of his asylum application.
In that case the applicant was an Iraqi Kurd whose claim for asylum had been rejected as a result of a failure to apply the current policy. By the time the matter was reconsidered at the applicant's request the former regime in Iraq had been toppled and the applicant was no longer at risk of persecution. The Secretary of State therefore rejected his application. This court held the failure to apply the relevant policy at the time of the original application amounted to an abuse of power for which it could grant a remedy in the form of a declaration that the applicant was entitled to be granted ILR.
In Secretary of State for the Home Department v R(S) [2007] EWCA Civ 546 (19 June 2007)
i) Were the decisions made between 2001 and 2003 legally flawed, because of failure to apply the correct policy?
ii) If so, what was the relevance (if any) of that finding to the legality of, or the court's powers in respect of, the 2004 decisions, made when the policy was no longer in force?
The cases of R(A): ( H) & ( AH) clarfiy the scope of the rashid judgment.
The scope of Rashid judgment and High Court judgment in R (A): (H) & (AH) is available from www.homeoffice.
For the Home Office Guidance on this please see 1 August 2006 ( Iraq Policy bulletin 2/2006 refers)
Rashid was interpreted by Collins J in R (R, H and AH) v Secretary of State [2006] EWHC 526 (Admin). In upholding a similar claim, he said:
"I recognise that cases such as this which justify relief such as is claimed here will be rare. The court has to decide whether the unfairness is such that it goes beyond that which should attract no relief other than that afforded by a right of appeal. I recognise that it is not possible to define where the line should be drawn with any precision. Inevitably, the circumstances of an individual case will be the deciding factor. It is only if the court is persuaded that the unfairness is so bad that abuse of power is an appropriate label that it will find in a claimant's favour." (para 34)
Health
Health -care System on Verage of Collapse,RFE Reports ,2006.click here
Operational Guidance Note,2006
Country Specific Asylum Policy OGNs, Home Office
1 August 2006 ( Iraq Policy bulletin 2/2006 refers)
Latest news........
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Links
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1-Baghdad Burning
An anonymous Iraqi woman presents eyewitness accounts and political analysis of life in the war .....
Third prize winner of the Lettre Ulysses Award for the Art of Reportage
Nominated for the 2006 Samuel Johnson Prize
2-Iraqi Association
The Iraqi Association is a non-profit organisation that exists to enable Iraqis to settle and integrate in this country with rights to express their cultural identities.....
3-Niqash.org
Niqash is a space for Iraqi citizens to exchange views on the current political process and to debate the processes that are shaping the Iraqi society. Its main focus is on issues relevant to the drafting of the new Iraqi constitution. Its main...
4-raqSlogge
5-News & Views 07/26/07
6-The Ground Truth In Iraq
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